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Peroh v Peroh & 3 others (Environment and Land Case 89 of 2019) [2025] KEELC 5212 (KLR) (13 June 2025) (Ruling)

[2025] KEELC 5212 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
5212
Citation
[2025] KEELC 5212 (KLR)
Decided
13 June 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand and EnvironmentPosturePreliminary Objection to ReferenceCoramMD MWANGI
Holding

The Plaintiffs' preliminary objection is dismissed with costs to the Defendants.

Facts

The impugned decision of the taxing officer was delivered on 9th December 2024, and the reference was filed on 14th January 2025.

Issues

  1. Whether the reference by the Defendants was filed out of time under rule 11(4) of the Advocates Remuneration Order.
  2. Whether the Plaintiffs' preliminary objection has legal basis.

Reasoning

The reference by the Defendants was filed within ten days of the delivery of the decision of the taxing officer. The Plaintiffs' preliminary objection is dismissed as it has no legal basis.

Outcome

The Plaintiffs' preliminary objection is dismissed with costs to the Defendants.

Orders

  • The Plaintiffs' preliminary objection is dismissed with costs to the Defendants.

Authorities cited

Legislation (2)
  • Advocates Remuneration Order
  • Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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